Lodge leader in South Bend asks police to do more to keep peace

Police say he should call before crowds get out of hand.

Police say he should call before crowds get out of hand.

November 13, 2006|NANCY J. SULOK

James Evans thinks he has gotten a bum rap because of people bumming around outside the Elks Lodge on Western Avenue. Evans is the exalted ruler of Elks Lodge 298, which attracts patrons who want to have a few drinks, listen to music, dance and sing along with karaoke. The lodge was featured in an article in the Oct. 19 Tribune. Reporter Tom Moor noted that police had been called to the site more than 50 times this year, often on complaints of fights and loud parties. Two shootings have happened there since May, police said. The problems are outside the lodge, Evans said. People hang out in the parking lot, often drinking alcohol and perhaps using illegal drugs, he said. They listen to music from their cars. Evans has posted "no trespassing'' signs in his lot, and he has talked to police about getting help to shag away the loiterers. Although Police Chief Thomas Fautz has been helpful, Evans said, the problem remains. He feels the Police Department has not been as responsive as it could be. Evans wanted to know why South Bend's anti-loitering ordinance, which took effect Jan. 1, 2003, cannot be used against the people in the parking lot. Good question. But the answer won't help the Elks Lodge. The ordinance targets loitering related to gang activities, not the run-of-the-mill loitering that takes place at the Elks parking lot, according to Fautz and Capt. Phil Trent, spokesman for the city police department. Gang loitering is defined in the ordinance as staying in one place to gain control of the area; intimidating others from entering the area; or concealing illegal activities. Also covered in the ordinance is narcotics-related loitering, defined as staying in one place to distribute an illegal substance. Evans suspects illegal drug activity is happening in the parking lot, but Trent said police have no solid evidence that the Elks Lodge loiterers are there for gang activities or narcotics dealing. Not only that, he said, but the parking lot is not a public place, and the folks hanging out there are not obstructing or impeding traffic. Those are among the stipulations in the ordinance. Trent said Evans would be better off hiring private security guards who can enforce trespassing laws against the unwanted visitors. "Because it is his property, it is his responsibility," Trent said. Evans agreed. He said he has two private security guards, one inside the lodge and one in the parking lot, but they can do only so much. Trent suggested Evans or some other authority from the lodge should call police for help in removing trespassers. Police would have to witness him telling the people they are not wanted, he continued. Police then would have to give the people an appropriate amount of time to leave. If they don't, he said, they are trespassing and can be arrested. The risk, according to Fautz, is that people who are there as patrons of the lodge could get swept up along with the loiterers. When a business is open, he said, it is difficult for police to determine who's there legitimately and who isn't. "It really puts us in a difficult situation," Fautz said. He said he has advised Evans to call police as soon as he notices people starting to gather. "Don't wait until 200 have gathered,'' he said, because that makes the situation more difficult for everyone involved. The chief said he thinks the Elks Lodge is trying to run a good establishment and cater to a slightly older clientele, and police are willing to work with the lodge to keep the peace. On a more encouraging note, Fautz said the problems seem to be calming down a little now. Police are continuing to keep an eye on the place, he said, but "it's not exactly a large blip on our radar right now." Nancy J. Sulok's columns appear on Sundays, Mondays and Thursdays. You can reach her at nsulok@sbtinfo.com, or by writing c/o South Bend Tribune, 225 W. Colfax Ave., South Bend, IN 46626, telephone (574) 235-6234.